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Terms & Conditions

TABLE OF CONTENTS

TABLE OF CONTENTS
§1 GENERAL REGULATIONS AND CONTACT INFORMATION
§2 DEFINITIONS
§3 MINIMUM TECHNICAL REQUIREMENTS
§4 GOODS AVAILABLE IN THE STORE
§5 PRE-SALE OF GOODS
§6A PLACING AND PROCESSING ORDERS FOR FINISHED GOODS
§6B PLACING AND PROCESSING ORDERS FOR PERSONALIZED GOODS AND INDIVIDUAL ORDERS
§7 PRICES OF GOODS AND METHODS OF PAYMENT
§8A DELIVERY OF GOODS - COSTS, FORMS AND TERMS
§8B SUPPLY OF DIGITAL CONTENT OR DIGITAL SERVICES
§9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES
§10 DIGITAL SERVICES - CONCLUSION OF AGREEMENT, CUSTOMER ACCOUNT, NEWSLETTER
§11A COMPLAINTS PROCEDURE FOR GOODS
§11B COMPLAINTS PROCEDURE FOR DIGITAL CONTENT OR DIGITAL SERVICES
§12 LIABILITY DISCLAIMER
§13 WITHDRAWAL FROM THE AGREEMENT
§12 REGULATIONS CONCERNING PROFESSIONAL ENTREPRENEURS
§13 REGULATIONS FOR ENTREPRENEURS WITH CONSUMER RIGHTS
§14 INTELLECTUAL PROPERTY, LICENCE, COPYRIGHT
§17 PERSONAL DATA AND COOKIES
§18 OUT OF JOURNAL METHODS OF HANDLING DISPUTES AND SEEKING CLAIMS
§19 OPINIONS - FUNCTIONING WITHIN THE STORE/ WEBSITE
§20 FINAL PROVISIONS

APPENDIX No. 1 - MODEL COMPLAINT FORM IN THE CASE OF A CONSUMER
APPENDIX No. 2 - MODEL COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS
APPENDIX No. 3 - MODEL FORMS OF WITHDRAWAL FROM A CONTRACT IN THE CASE OF A CONSUMER
APPENDIX No. 4 - MODEL FORMS OF WITHDRAWAL FROM A CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

§1 GENERAL REGULATIONS AND CONTACT INFORMATION

  1. The online store is available on the domain www.mavaloom.com and on the relevant subpages after registration and is run by the Seller.
  2. In the case of placing an Order or a complaint, please contact the Seller using the following contact details:
  3. The Customer may communicate with the Seller using an e-mail address hello@mavaloom.com, the contact form available as part of the Store or Messenger via the website www.facebook.com/mava.loom/. These measures guarantee the preservation of written correspondence (documentary form) between the Customer and the Seller with the date and time, meet the requirements of a durable medium and enable quick and effective contact between the Customer and the Seller.
  4. The rules for using and placing Orders, concluding Goods Sale Agreements and making complaints within the Store are set out in these regulations.  
  5. The Seller provides the Customer or User with the Regulations free of charge before starting to use the Online Store. The Customer may record the content of the Regulations in a convenient way, e.g. by recording on a durable medium or by printing.
  6. The condition for using the Store and concluding a Sales Agreement is acceptance of the provisions of these regulations. By accepting it, the customer agrees to all provisions and undertakes to comply with them. 
  7. The Seller is responsible for the compliance of the service with the Agreement.
  8. Information about the Goods provided on the Store's website, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
  9. As part of using the Store, it is forbidden to provide unlawful information and, in particular, it is forbidden to:
    • sending and placing spam within the Store;
    • providing and transferring content prohibited by law, in particular as part of the forms in the Store.
  10. It is ordered:
    • Using the Store in a manner consistent with the Regulations and the law;
    • Using the Store in a way that does not interfere with its functioning;
    • Using any content posted on the Store's subpages only for personal use, in accordance with the license granted (if any).
  11. The customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.
  12. In order to delete the Customer Account, the Store must be informed in writing or via e-mail about the will to delete it.

§2 DEFINITIONS

The terms used in the Regulations mean:

  1. Seller or Weaver - Magdalena Walaszek running a business under the name MAVA Loom Magdalena Walaszek, at ul. Marchołta 51/34, 31-416 Kraków, NIP: 9452258109, according to the document generated from the Central Registration and Information on Business Activity.
  2. Customer or User – a natural person, a legal person or an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, placing an Order as part of the Store and making purchases through the Store.
  3. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
  4. Entrepreneur with consumer rights – An entrepreneur ordering Goods related to his business activity, but not of a professional nature for him, in accordance with art. 7aa of the Act on Consumer Rights and Art. 3855, art. 5564, art. 5565 and art. 5765 the Civil Code.
  5. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to whom a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store, and is not an Entrepreneur with consumer rights.
  6. Account – Customer or User account set up on the online platform of the Store.
  7. Statute – these Store Regulations.
  8. Online Store or Store – online store available at www.mavaloom.com and on its relevant subpages through which the Customer can place Orders and purchase specific Goods.
  9. Product or Good – movable items purchased or available in the Store. The goods are sold for a fee, unless expressly stated otherwise.
  10. Digital service – a service that allows the Customer to: produce, process, store or access data in digital form, or jointly use data in digital form that has been sent or generated by the Customer or other users of this service, or other forms of interaction using data in the form of digital.
  11. Digital content – data produced and delivered in digital form.
  12. Sales agreement  or Agreement – a contract for the sale of Goods and/or delivery of Digital Content or Digital Service concluded between the Seller and the Customer via the Store, under which the Seller transfers or undertakes to transfer the ownership of the Goods to the Customer and/or to deliver Digital Content or Digital Service, including any a contract for both goods and services.
  13. Services Agreement - means any contract other than the contract for the sale of Goods, under which the Seller provides or undertakes to provide a service, including a Digital Service, to the Customer.
  14. Distance contract– a contract concluded with the Customer as part of the Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the moment of concluding the contract.
  15. Order – an act, a declaration of the Customer's will aimed directly at concluding a Sales Agreement and providing the benefit to the Customer, under the conditions set out in these Regulations.
  16. The order form – the Store form by means of which the Customer can place an Order and execute the Sales Agreement.
  17. Payment operator – Paynow Payment Integrator, implemented by mBank SA with its registered office at ul. Prosta 18, 00-850 Warszawa, registered by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, no. KRS 0000025237, NIP: 526-021-50-88; REGON: 001254524. The provider of transaction authorization services using payment cards and Google Pay is Blue Media SA with its registered office in Sopot (81-718), ul. Powstańców Warszawy 6, registered in the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, KRS 0000320590, NIP 5851351185.
  18. Proof of payment – an invoice issued in accordance with the Value Added Tax Act of March 11, 2004 and other applicable laws.
  19. Payment – payment to the Seller's account via online payment methods available in the Store or payment upon receipt of the Goods - depending on the selected form of payment and the ordered Goods.
  20. Price – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Digital Content, Digital Service or Goods, and in relation to the Digital Content or Digital Service – also a digital representation of the value.
  21. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network (Internet).
  22. Digital environment – computer hardware, software and network connections used by the Customer to access or use the Digital Content or Digital Service. The minimum technical requirements have been indicated by the Seller in these regulations.
  23. Working days – days of the week from Monday to Friday, excluding public holidays.
  24. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
  25. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
  26. GDPR – means Regulation of the European Parliament and of the Council EU 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) .
  27. Personally Identifiable Information Protection Act – the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).
  28. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended), hereinafter referred to as UŚUDE.
  29. Telecommunications Law Act – Act of 16 July 2004 Telecommunications Law (Journal of Laws of 2004 No. 171, item 1800, as amended), hereinafter referred to as the Telecommunications Law.
  30. The Act on Copyright and Related Rights – the Act of February 4, 1994 on copyright and related rights (i.e. Journal of Laws of 2022, item 2509), hereinafter referred to as the Copyright Law.

§3 MINIMUM TECHNICAL REQUIREMENTS

  1. The Customer may use the available functions of the Online Store in a manner consistent with the Regulations and applicable regulations and in a manner that does not interfere with the functioning of the Online Store and other Customers.
  2. To use the Store, including browsing the Store's assortment and placing Orders for Goods, you need:
    • Internet access from a device that allows it, such as a desktop computer, laptop, other mobile device, including equipment that enables communication and filling in the necessary forms within the Store, e.g. a working keyboard;
    • a properly configured, up-to-date version of a web browser that supports e.g. cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome and enabling browsing of websites;
    • an active and properly configured e-mail account (the Seller recommends that the Customer checks whether e-mails with the seller's domain from his e-mail address do not end up in the "spam", "offer" or other than "main / received" mailbox. The seller does not affected and depends on the settings of the Customer's e-mail box and/or the provider of the e-mail box used).
  3. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorized third parties.
  4. The Seller takes appropriate actions to ensure the proper functioning of the Store, including uses appropriate tools to enable it, or services of third parties.

§4 GOODS AVAILABLE IN THE STORE

  1. The following Goods are available in the Store:
    • hand dyed and handwoven finished fabrics,
    • hand dyed and handwoven clothing accessories,
    • hand dyed and handwoven interior accessories,
    • hand dyed yarns,
    • clothing accessories with the addition of hand dyed and handwoven fabrics.
  2. The Store's offer also includes Goods made to individual Customer's order.
  3. The customer who wants to place an individual Order should contact the Seller at the e-mail address indicated in these Regulations, using the contact form available in the Store or using the messenger via the website www.facebook.com/mava.loom/.
  4. After agreeing on the parameters and characteristics of the Goods with the Customer, they will be prepared for their individual order.
  5. The process of ordering individual Goods will be agreed separately with the Customer.
  6. The Seller draws attention to the issues of excluding the right to withdraw from the Agreement in the case of Products for individual orders, which are described in these regulations.
  7. As part of the Store, the Seller may also provide Content or Digital Services free of charge, e.g. the possibility of subscribing to the newsletter or maintaining a Customer Account.
  8. The delivery of Digital Content or Digital Services free of charge takes place on the terms described in these regulations.
  9. The Seller makes every effort to ensure that the Digital Content or Digital Services comply with the highest standards, and thus with the Agreement concluded with the Customer. For this purpose, it takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support, proper and specific description of the offer and ensures their updates, if necessary and required by law or developing technology, or wants to improve their quality.

§5 PRE-SALE OF GOODS

  1. The Seller may also conduct pre-sales of selected Goods.
  2. Pre-sale allows you to place an Order before the premiere (sale of available Goods in the Store) of Goods and the possibility of personalizing them for individual orders.
  3. The pre-sale may cover new and low-availability Goods, or those that will only appear in the Store.
  4. The date of availability of the Goods covered by the pre-sale can be found in their description.
  5. Pre-sale sale can be combined with other promotions.
  6. The Goods purchased during the pre-sale are in the order of the Orders made.

§6A PLACING AND PROCESSING ORDERS FOR FINISHED GOODS

  1. The Customer may purchase the Goods by selecting them from the appropriate subpage of the Store or by contacting the Seller via e-mail or Messenger.
  2. After selecting the Goods, in order to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store's website. The customer should first click on the "Add to cart" button shown with the price and description of the Good, as a result of which the selected Good will be added to the shopping cart. Then, he can make further purchases or click on the "View basket" button, and then click on the "Proceed to payment" button and finalize the purchase on the next page.
  3. The customer has the option of entering a discount code, if he has one, in the field called "Coupon code". Then, after entering the discount code and clicking the "Use coupon" button, the price will be modified accordingly. The customer may also enter the discount code in the next step, i.e. placing the Order.
  4. The customer can then recalculate the basket costs and proceed to payment by clicking the "Proceed to payment" button.
  5. In order to place an Order, it is necessary for the Customer to provide the following data:
    • name and surname, and optionally company name,
    • address (country, street, building number, apartment number, postal code, city),
    • telephone number,
    • e-mail address,
    • accepting the Regulations by ticking the box. Acceptance is necessary to make and finalize the Order.
    • consent to the execution of the order by the Store by clicking the "Buy and pay" button, which indicates the need to pay for the Order.
  6. The customer may also indicate a different address for shipping by checking the box "Send to another address?" and indication of the relevant data in the form.
  7. In the process of placing the Order, the Customer is also obliged to choose the form of payment for the ordered Goods from those currently available in the Store.
  8. When placing an Order - until you click the "Buy and pay" button - the Customer has the option of modifying the personal data provided by him and the data regarding the Goods selected by him, as well as the form of payment and shipping.
  9. By making a purchase by clicking the "Buy and pay" button, the Customer is aware that the conclusion of the Agreement is related to the obligation to pay the payment due to the Seller.
  10. Sending the Order by the Customer is a declaration of the Customer's will to conclude a Sales Agreement with the Seller, in accordance with the content of these regulations.
  11. The customer pays by selecting one of the payment methods available in the Store, and then makes the payment.
  12. The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer at the time of the Order.
  13. The Sales Agreement is treated as concluded when the Customer receives the e-mail referred to in paragraph 10 of this paragraph. The Sales Agreement is concluded in Polish or English in accordance with the Regulations.
  14. The Seller reserves the right not to process the Order in the event of:
    • incorrect/incomplete completion of the Order form (lack of all data needed to complete the Order),
    • failure to receive the payment (depending on the arrangements between the Seller and the Customer, it is a deposit, installment or the entire amount) within 5 days of placing the Order (if the option of payment by bank transfer is selected).

§6B PLACING AND PROCESSING ORDERS FOR PERSONALIZED GOODS AND INDIVIDUAL ORDERS

  1. The Customer may purchase Goods for an individual order by contacting the Weaver via e-mail or Messenger via Facebook fanpage www.facebook.com/mava.loom/ or on the appropriate subpages of the Store in the "Individual orders" and "Pre-order" categories.
  2. The Customer has the option of modifying and personalizing ready-made Goods, in which case the Good becomes a Custom-made Good.
  3. The customer can choose:
    • full personalization of the Order - hereinafter referred to as Custom,
    • partial personalization of the Order - hereinafter referred to as Semi-Custom.
  4. In the case of Custom, it is necessary to determine the parameters of the Goods: its material composition both in warp and weft, dyeing method, color, weave, fabric dimensions, accessories and finishing method.
  5. In the case of Semi-Custom, the Goods will be made on an already existing dyed warp, it is possible to set the following parameters of the Goods: type of weft, weft dyeing method, weft colour, modification of the weave within the same warp ratio, length of the fabric (possible limitations), additives and the way of finishing.
  6. The weaver informs the Customer about the valuation of the Goods for an individual order based on the agreed parameters of the Goods and the expected date of the Order, or the Customer, via the "Individual order" or "Pre-order" subpage, selects the appropriate parameters of the fabric from the available selection lists, chooses the method of payment (down payment or full amount) and clicks the "Add to cart" button, as a result of which the selected Goods will be added to the shopping cart.
  7. The customer has the option of providing a discount code, if he has one, in a message to the Weaver or in the "Coupon Code" field when placing the Order.
  8. In order to place an Individual Order, it is necessary to pay:
    • in the case of Custom - a non-returnable deposit constituting 15% of the Order valuation or the entire amount,
    • in the case of Semi-Custom - an advance payment constituting 15% of the valuation of the Order. Until the physical commencement of work on the Order, the down payment is refundable in the event of the Customer's resignation. After the commencement of physical work on the Order, the down payment becomes non-refundable.
  9. In order to place an Order, it is necessary for the Customer to provide the following data:
    • name and surname, and optionally company name,
    • address (country, street, building number, apartment number, postal code, city),
    • telephone number,
    • e-mail address,
    • acceptance of the Regulations by an unambiguous message to the Weaver with the content "I accept the Regulations and I have read the privacy policy." sent via the selected ordering channel or by checking the box. Acceptance is necessary to make and finalize the Order.
    • expressing consent to the execution of the order by the Store by sending an unambiguous message to the Weaver or by clicking the "Buy and pay" button, which indicates the need to pay for the Order.
  10. The customer may also indicate a different shipping address, please inform the Weaver in the message and provide the shipping address or by checking the box "Send to a different address?" and indication of the relevant data in the form.
  11. In the process of placing the Order, the Customer is also obliged to choose the form of payment for the ordered Goods.
  12. When placing an Order, the Customer is aware that the conclusion of the Agreement is related to the obligation to pay the payment due to the Weaver.
  13. Sending the Order by the Customer is a declaration of the Customer's will to conclude
    with the Weaver of the Sales Agreement, in accordance with these regulations.
  14. The customer pays by selecting one of the payment methods available in the Store, and then makes the payment.
  15. The fact of placing the Order is confirmed by an e-mail sent to the e-mail address provided by the Customer at the time of the Order.
  16. The Sales Agreement is treated as concluded upon receipt by the Customer of the e-mail referred to in paragraph 15 of this paragraph. The Sales Agreement is concluded in Polish or English in accordance with the Regulations.
  17. The weaver reserves the right not to execute the Order in the case of:
    • incorrect/incomplete completion of the Order form (lack of all data needed to complete the Order),
    • failure to receive the advance payment within 5 days of placing the Order (in the case of choosing the option of payment by bank transfer).
    • lack of contact with the Customer 14 days before proceeding with the implementation of the Individual Order. The weaver undertakes to make three attempts to contact the client. In the absence of contact within 7 days from the first contact attempt, the Weaver withdraws from the Order.
    • lack of contact with the Customer during the execution of the order lasting longer than 5 days. In such a case, the Customer is obliged to pay for the work already performed by the Weaver, the valuation of which is made by the Weaver.
  18. The Weave undertakes to execute an Individual Order within a maximum of two months from the commencement of physical weaving work on the Order. Physical weaving work is considered to have started:
    • in the case of Custom - upon commencement of warp measurement;
    • in the case of Semi-Custom - at the moment of starting to measure the weft.
  19. If the Customer has chosen imported materials, the delivery date may be extended for reasons beyond the control of the Weaver. The weaver undertakes to inform the Customer about such an eventuality.
  20. At each stage of work on the implementation of an individual Order, the Weaver will contact the Customer in order to solve current issues regarding the Order, e.g. acceptance of the color scheme.
  21. The Client undertakes to respond to the Weaver within 24 hours from the moment the Weaver presents the Client with an issue requiring a decision. In the absence of contact for 24 hours, the Weaver makes a decision based on prior arrangements with the Client or her own judgment. In special cases, this time may be extended, about which the Weaver will inform the Customer.
  22. At the moment of unambiguous acceptance by the Customer of the solution proposed by the Weaver, it is not possible to appeal against this decision and it is not subject to complaint in the event of any claims. In special cases, it is possible to change the decision, which the Weaver will inform the Customer about. In this case, a change of decision may involve incurring additional costs, of which the Weaver will inform the Customer.
  23. If the Customer leaves decisions regarding the Order to the Weaver, there is no possibility to appeal against the solutions adopted by the Weaver.
  24. When the Order is ready for shipment, the Customer is obliged to pay the remaining amount of the Order.

§7 PRICES OF GOODS AND METHODS OF PAYMENT

  1. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT or other taxes, if required by law).
  2. The Seller does not use mechanisms for individual price adjustments in the Store based on automated decision-making.
  3. The Seller reserves the right to change the prices of the Goods presented in the Store, introduce new Goods, withdraw Goods, carry out promotions and give discounts, as well as temporarily offer Goods, Digital Content or Digital Services free of charge. The above right does not affect Orders that were placed before the date of entry into force of any of the changes. Details and duration are always included in the description of a given Good.
  4. The duration of each promotion is limited. Discounts and promotions do not add up unless the promotion details state otherwise. The details of the promotion are included in its description on the Store's website or subpages or in the regulations of a given promotion.
  5. In each case of informing about the reduction of the price of the Goods, next to the information about the reduced price, the Seller also shows information about the lowest price of the Goods, which was in force during the period of 30 days before the reduction was introduced.
  6. If a given Good is offered for sale in the Online Store for a period shorter than 30 days, next to the information on the reduced price, the Seller also shows information on the lowest price of the given Good, which was in force in the period from the day the Good was offered for sale until the date of introduction of the discount.
  7. In the case of Goods that deteriorate quickly or have a short shelf life, next to the information on the reduced price, the Seller shall display information on the price before the first application of the reduction, with the proviso that the dates referred to in section 5 and 6 do not apply.
  8. The Seller does not use tools from external suppliers to meet the requirements regarding prices, promotions and discounts and their presentation on the Store's website and subpages.
  9. The Customer may choose the following payment methods for the ordered Goods:
    • by bank transfer - payable directly to the Seller's account. For this purpose, please contact the Seller at the contact details provided
    • by electronic transfer - payable directly to the Seller's account via the PayNow system - on the transfer in the "Title" field, please provide at least the Order number;
    • by a payment card, via a payment card operator. The entity providing online payment services in the field of card payments is Blue Media SA Available forms of payment: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro. Authorization and processing of personal data takes place through a given bank;
    • via PayPal - the Customer is obliged to go to the PayPal website in order to make a payment on the terms indicated by this service. The Customer undertakes to pay additional PayPal service fees in the amount of 5% of the Order amount;
    • via Revolut - the Customer is obliged to go to the Revolut website in order to make a payment on the terms indicated by this website.
    • in installments - the Customer is asked to contact the Seller directly in order to spread the payment in installments and write down the sales contract in installments.
  10. The order processing time is counted from the moment of obtaining positive payment authorization. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
  11. A proof of purchase is issued for each Order, i.e. an invoice (personal or company, if company details have been provided and the Customer will notify the Seller of the desire to receive an invoice in one or another effective way) in an electronic version, which is sent to the Customer automatically, for which the Customer hereby agrees.

§8A DELIVERY OF GOODS - COSTS, FORMS AND TERMS

  1. The shipment of the Goods will take place within 7 working days from the moment of accepting the Order for execution in the case of available Goods, while in the case of Goods made to order, the deadline is set individually, no longer than 2 months from the start of work on the implementation of the Individual Order.
  2. The customer can choose from the following delivery methods:
    • Polish Post,
    • InPost Paczkomat (only in PL),
    • Courier delivery,
    • Local pick-up.
  3. Deliveries are made in Poland and selected countries from the drop-down list provided at the stage of entering the shipping address. If the message "No shipping methods available." is displayed, shipments are made after individually agreeing the conditions. For this purpose, the Customer should contact the Seller.
  4. The order will be delivered to the shipping address indicated in the Order Form.
  5. Deliveries take place on working days, from Monday to Friday.
  6. Delivery costs are given at the time of placing the Order. The customer can read them before placing an Order. The prices of the Goods do not include delivery prices, which are added in accordance with the current price list of the Store and/or suppliers of these services.
  7. If the Customer chooses payment in the form of prepayment, the time of shipment of the Goods is counted from the date of crediting the payment to the Seller's bank account.
  8. If the Customer selects payment in the form of prepayment when purchasing, he undertakes to immediately transfer funds to the Seller's bank account. In the absence of payment to the Seller's bank account within 5 business days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order is cancelled.
  9. It is assumed that the day of payment is the day of crediting the payment to the Seller's bank account. 

§8B SUPPLY OF DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller provides the Customer with the Digital Content or Digital Service immediately after the conclusion of the Agreement, unless something else has been expressly included in the description or offer of the Digital Content or Digital Service. This applies primarily to the newsletter service available as part of the Store and other services or content that are described in these regulations.
  2. The Digital Content is deemed to have been delivered when the Digital Content or the means by which the Digital Content is accessed or downloaded has been made available to the Customer or a physical or virtual device that the Customer has chosen for this purpose, or when the Customer or such device have access to it.
  3. A digital service is considered delivered when the Customer or a physical or virtual device that the Customer has chosen for this purpose has accessed it.
  4. The Seller sends the Customer an e-mail with an active link to the Digital Content or Digital Service along with instructions, or provides instructions for downloading the Digital Content or Digital Service (e.g. from the Customer Account level) depending on the characteristics and nature of the Digital Content or Service digital and system capabilities. The Sales Agreement is concluded in Polish in accordance with the Regulations.
  5. In the event that the Customer provides an incorrect e-mail address, enters it incorrectly or does not ensure the conditions for e-mail deliverability in accordance with the Regulations, he is responsible for failure to deliver the Order of Digital Content or Digital Service. It is recommended that he contact the Seller in order to clarify the matter and bring about the deliverability of the Digital Content or Digital Service.

§9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES

  1. For the duration of the delivery of the Digital Content or Digital Service, the Seller provides the Customer with updates and informs about the need to make them. The Customer should periodically update the devices they use to enable the use of Digital Content and Digital Services provided by the Seller. The Seller shall not be liable for the lack of compliance of the Digital Content or the Digital Service with the Agreement resulting solely from the lack of updates, if:
    • informed the Customer about the update and the consequences of not installing it;
    • failure to install or incorrect installation of the update did not result from errors in the installation instructions provided by the Seller.
  2. The Seller may change the Digital Content or the Digital Service that is not necessary to maintain its compliance with the Agreement for the following legitimate reasons:
    • technology changes related to the Digital Content or Digital Service,
    • changes in the law or adaptation of the Digital Content or Digital Services to the law or other guidelines related to applicable law,
    • stylistic changes not of a substantive nature but improving the quality of Digital Content or Digital Services,
    • changes in the area of the Seller's business activity, including the exclusion or introduction of new services or Goods.
  3. The Seller cannot change the Digital Content or Digital Service provided in a one-off manner.
  4. The changes introduced by the Seller do not involve any costs for the Customer.
  5. If the changes would significantly and negatively affect the Customer's access to or use of the Digital Content or Digital Service, the Seller shall inform the Customer in advance about the characteristics and date of making the change and about the right to terminate the Agreement without notice within 30 days from the date of making a change or informing about a change (if it happened later than this change).
  6. The Seller may provide the Customer with the right to keep the Digital Content or Digital Services unchanged at no additional cost.
  7. The Seller informs the Customer in a clear and understandable way about the changes made, usually by sending an e-mail to the Customer's e-mail address provided when placing the Order, in advance. The Customer is entitled to provide the Seller with a different e-mail address by contacting him using the data provided in these regulations.

§10 DIGITAL SERVICES - CONCLUSION OF AGREEMENT, CUSTOMER ACCOUNT, NEWSLETTER

  1. Through the Store, the Seller provides digital services to the Customer in the form of enabling the Customer to conclude an Agreement with the Seller electronically. This service is provided free of charge, as part of the price paid for placing the Order.
  2. The Seller also provides the Customer with a service in the form of newsletter delivery, if the Customer has consented to it. Details on sending the newsletter, subscribing, unsubscribing from receiving it are described in the privacy policy or in separate regulations regarding this service available as part of the Store.
  3. The Seller also provides the Customer with a registration service
    and maintaining the Account and providing the Customer with access to the Account by logging in, if the Customer has decided to set up such an account. This service is provided to the Customer as part of the price paid for a given Good, Digital Content or other Digital Service.
  4. In order to create an Account, it is necessary for the Customer to meet the following requirements:
    • having access to the Internet,
    • having an active e-mail account, correctly configured in accordance with the other requirements of these regulations,
    • avoiding AdBlock or similar plug-ins that may interfere with the proper functioning of the Store and the use of it and the Digital Service.
  5. In order to set up an individual Account, the Customer should complete the registration form and accept the Regulations, and then confirm the Account registration.
  6. Information related to the establishment will be sent to the e-mail address provided by the Customer. The account is created and the Customer can use it.
  7. Creating an individual Account is necessary to use the Goods as well as the indicated Digital Content or Digital Services.
  8. Upon effective registration of the Account, the contract for the provision of a free digital service consisting in creating, maintaining and maintaining the Customer Account is concluded for an indefinite period.
  9. The Customer logs in to the Account via e-mail address or login and password. At any time, he can also generate a new password in case of forgetting or losing the previous one. 
  10. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons. These include, for example: the use of anti-viruses, technical assistance support, appropriate technical security measures for the tools it uses, and other similar.
  11. The Seller is not responsible for the lack of compliance of the Digital Service with the contract to the extent that it informed the Customer about the requirements related to the use of the digital service before concluding the contract for the provision of digital services in the event that the Customer does not meet these requirements.
  12. The seller takes steps to ensure fully correct functioning. The Customer is entitled to inform the Seller about any irregularities or interruptions in the functioning of the Store.
  13. It is forbidden to share Customer Account data with third parties and to set up several Accounts by one User.
  14. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of Digital Services and delete the Customer Account or deprive him of the right to place Orders at any time with a 14-day notice period, preserving the rights acquired by the Customer before the termination of the contract.
  15. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of Digital Services in the form of maintaining a Customer Account and delete the Customer Account or deprive him of the right to place Orders, with immediate effect, for important reasons, in the event of a significant and gross violation by the Customer of the provisions of these Regulations, i.e. in particular in the event that the Customer uses the Store and the Account in a manner inconsistent with the law or the provisions of the Regulations and inconsistent with decency and the purpose of the Account and the Store, in a way that is burdensome for other Customers and for the Seller, copies the Goods, Digital Content and The Seller's digital services or makes them available to third parties without the Seller's consent, provides the Seller with data inconsistent with the actual legal status, incorrect, inaccurate or infringing the rights of third parties, or violates or attempts to violate the technical security of the Store and the Account in order to gain unauthorized access to its resources. 
  16. The Customer may terminate the Agreement for the provision of Digital Services in the form of maintaining a Customer Account at any time, with a 14-day notice period or immediately for important reasons.
  17. In turn, in the event of withdrawal from the contract by the Customer, the Seller may prevent the Customer from further using the Digital Service in the form of maintaining a Customer Account, in particular by preventing him from accessing this Digital Service or by blocking the Customer Account.
  18. As a result of deleting the Account by the Seller, the Customer loses access to all resources previously available on his Account.
  19. In order to delete the Account, the Customer may independently delete the existing Account or contact the Seller for this purpose by e-mail using the data contained in these regulations.
  20. The Seller informs that deleting the Customer Account may make it difficult or impossible for the Customer to use the Digital Service, e.g. tracking order history.

§11A COMPLAINTS PROCEDURE FOR GOODS

  1. The Seller is liable to the Customer for non-compliance with the Sales Agreement for the Goods purchased by the Customer, as well as in accordance with the provisions of the Act on Consumer Rights.
  2. The Seller is liable for the lack of conformity of the Goods with the Agreement existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
  3. The Seller may replace the Goods when the Customer requests repair, or the Seller may repair the Goods when the Customer requests replacement, if bringing the Goods into compliance with the Agreement in the manner selected by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into compliance with the contract.
  4. When assessing the excess of costs, all circumstances of the case are taken into account, in particular the importance of the non-compliance of the Goods with the Agreement, the value of the goods in accordance with the Agreement and excessive inconvenience to the Customer resulting from a change in the method or refusal to bring the Goods into compliance with the Agreement.
  5. If the Goods are inconsistent with the Agreement, the Customer may submit a statement of price reduction or withdrawal from the Agreement when:
    • The Seller refused to bring the goods into compliance with the Agreement in accordance with section 3 of this paragraph;
    • The Seller has not brought the goods into compliance with the Agreement within a reasonable time from the moment the Seller was informed by the Customer about the non-compliance with the Agreement, and without undue inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased them.
    • the non-compliance of the Goods with the Agreement continues, even though the Seller has tried to bring the Goods into conformity with the Agreement;
    • the lack of conformity of the Goods with the Agreement is significant enough to justify a price reduction or withdrawal from the Agreement;
    • it is clear from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Contract within a reasonable time or without undue inconvenience to the Customer.
  6. The Seller returns to the Customer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Customer's statement on the price reduction.
  7. The Customer may not withdraw from the contract if the lack of conformity of the Goods with the Contract is immaterial. It is presumed that the lack of conformity of the Goods with the Agreement is significant.
  8. The Seller shall repair or replace it within a reasonable time from the moment when it was informed by the Customer about the lack of compliance with the Agreement, and without undue inconvenience to the Customer, taking into account the specificity of the Goods and the purpose for which the Customer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller. The Customer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Customer at his own expense. The professional entrepreneur is obliged to deliver the Goods to the Seller at his own expense.
  9. If the lack of conformity with the Agreement concerns only some of the Goods delivered under the Agreement, the Customer may withdraw from the Agreement only in relation to these Goods, as well as in relation to other Goods purchased by the Customer together with the Non-conforming Goods, if the Customer cannot reasonably be expected to agreed to retain only the Goods in accordance with the Agreement.
  10. In the event of withdrawal from the Agreement, the Customer immediately returns the Goods to the Entrepreneur at his expense. The Entrepreneur returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of sending them back.
  11. The complaint should contain data enabling identification of the Customer (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g.
    and date of occurrence of the defect) and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will call the Customer to complete it.
  12. The complaint should be sent to the Seller's e-mail address provided in these regulations.
  13. The Seller will respond to the complete complaint within 14 days from the date of receipt of the complaint and inform the Customer about further proceedings to the e-mail address of the complainant or in the same way in which the Customer contacted him or another method agreed with the Customer.
  14. The Seller will process the Customer's personal data in order to consider the complaint and in accordance with the privacy policy.
  15. The customer may use the complaint form attached to these regulations, he may also contact the Seller by e-mail or via Messenger via the Facebook fanpage.
  16. In the case of a Customer who is a Consumer or an Entrepreneur with consumer rights, the complaint costs are borne by the Seller, in particular the costs of delivering the Goods to the Seller and sending them back to the Customer by the Seller.
  17. The Seller is liable for the lack of conformity of the Goods with the Agreement existing at the time of their delivery and revealed within 2 years from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. It is presumed that the lack of conformity of the Goods with the Agreement, which was revealed before the expiry of 2 years from the moment of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the Agreement. The Seller may not invoke the expiry of the deadline to determine the non-compliance of the Goods with the Agreement if this lack has been fraudulently concealed.
  18. The provisions of this paragraph refer to the Consumer and the Entrepreneur with consumer rights.

§11B COMPLAINTS PROCEDURE FOR DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller is liable for the lack of compliance with the Agreement of Digital Content or Digital Services delivered once or in parts, which existed at the time of their delivery and became apparent within two years from that moment, in accordance with the provisions of the Act on Consumer Rights.
  2. The Seller makes every effort to ensure that the Digital Content and Digital Services comply with the Agreement and that the Customer can use them in accordance with the Agreement. For this purpose, it informs the Client in a clear and understandable manner about all relevant requirements, also on the part of the Client.
  3. If the Digital Content or Digital Service is inconsistent with the Agreement, the Customer may request that they be brought into compliance with the Agreement.
  4. The Seller may refuse to bring the Digital Content or Digital Service into compliance with the Agreement, if bringing the Digital Content or Digital Service into compliance with the Agreement is impossible or would require excessive costs for the Seller.
  5. The Seller brings the Digital Content or Digital Service into conformity with the Agreement within a reasonable time from the moment the Seller was informed by the Customer about the non-compliance with the Agreement, and without undue inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into compliance with the Agreement shall be borne by the Seller.
  6. If the Digital Content or Digital Service is inconsistent with the Agreement, the Customer may submit a statement of price reduction (if these were paid services) or withdrawal from the Agreement when:
    • bringing the Digital Content or Digital Service into compliance with the Agreement is impossible or requires excessive costs,
    • the Seller has not brought the Digital Content or the Digital Service into compliance with the Agreement,
    • the lack of compliance of the Digital Content or Digital Service with the Agreement continues, even though the Seller has tried to bring the Digital Content or Digital Service into compliance with the Agreement,
    • the lack of compliance of the Digital Content or Digital Service with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the request to bring it into compliance,
    • it is clear from the Seller's statement or circumstances that it will not bring the Digital Content or Digital Service into compliance with the Agreement within a reasonable time or without undue inconvenience to the Customer.
  7. The Customer may not withdraw from the contract if the Digital Content or Digital Service is provided against payment of the price and the lack of compliance of the Digital Content or Digital Service with the Contract is immaterial.
  8. After withdrawing from the contract, the Seller may not use content other than personal data provided or generated by the Customer when using the Digital Content or Digital Service provided by the entrepreneur in accordance with the provisions of the Act on consumer rights and with the exceptions contained therein.
  9. The Seller shall not be liable for non-compliance with the Digital Content or Digital Service Agreement if the Customer's digital environment is not compatible with the technical requirements of which the Seller informed him in a clear and understandable manner before concluding the contract in these Regulations or in the description of a given Digital Content or Service or when the Customer, informed in a clear and understandable way before the conclusion of the Agreement about the obligation to cooperate with the Seller to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of compliance of the Digital Content or Digital Service with the Agreement in a timely manner results from of the characteristics of the Customer's digital environment, does not perform this obligation.
  10. The complaint should contain data enabling identification of the Customer (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g.
    and date of non-compliance) and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will call the Customer to complete it.
  11. The complaint should be sent to the Seller's e-mail address provided in these regulations.
  12. The Seller will respond to the complete complaint within 14 days from the date of receipt of the complaint and inform the Customer about further proceedings to the e-mail address of the complainant or in the same way in which the Customer contacted him or another method agreed with the Customer.
  13. The Seller will process the Customer's personal data in order to consider the complaint and in accordance with the privacy policy.
  14. The customer can use the complaint form attached to these regulations, he can also contact the Seller by e-mail in order to submit a complaint and obtain information about the process of its consideration.
  15. The Seller is obliged to return the price only in the part corresponding to the Content or Digital Service that is inconsistent with the Agreement and the Digital Content or Digital Service whose delivery obligation has been terminated as a result of withdrawing from the Agreement (if paid).
  16. The Seller is obliged to return to the Customer the price due as a result of exercising the right to withdraw from the Agreement or reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Agreement or reduction of the price (if they were paid).
  17. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of return, which does not involve any costs for him.
  18. The provisions of this paragraph refer to the Consumer and the Entrepreneur with consumer rights.

§12 LIABILITY DISCLAIMER

  1. The provisions of this paragraph constitute a statement of exclusion of the Seller's liability for certain aspects of the Goods that are closely related to the specificity of hand-made artistic products and are not subject to complaint.
  2. The weaver makes every effort to reproduce the colors requested by the customer as accurately as possible, however, there may be slight differences in the shades obtained, resulting from the specificity of hand dyeing.
  3. The color of the received fabric may differ from the colors visible in the pictures on the screens of electronic devices, which depend on the individual user settings.
  4. The following may occur on the finished fabric: weft changes, protruding weft threads, slight interlacing, weft or warp repairs, omission of a thread in the weave, yarn thickening (including the so-called "vouches"), irregularities on the edges of the fabric, color shifts or colors resulting from combinations of adjacent colors. These are only visual aspects that do not affect use and are not considered defects.
  5. The final length of a hand-knotted fabric may vary by ± 3% from the intended length. This is due to the specifics of the weaving and finishing of the fabric.
  6. The measurement of the fabric is done manually using a tailor's tape, dimensions may vary depending on the measurement method.
  7. During washing, moderate water discoloration is possible, this is a normal phenomenon resulting from the specificity of hand dyeing. The weaver makes every effort to minimize this phenomenon.
  8. The Weaver is not responsible for improper care of the Goods, washing and cleaning of the fabric contrary to the recommendations, use of inappropriate washing agents and improper use of the fabric.
  9. Feelings related to the fabric, such as the feeling of its thickness, softness, stickiness or other aspects are an individual matter and the Weaver is not responsible for the customer's feelings.

§13 WITHDRAWAL FROM THE AGREEMENT

  1. The Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days, without giving any reason, subject to section 7.
  2. The deadline to withdraw from the contract begins:
    • from taking possession of the Goods by the Customer or a person indicated by him, other than the carrier,
    • from taking possession of the last Good/lot/part by the Customer - in the case of delivery of many pieces of the Good delivered separately, divided into lots or parts,
    • from taking possession of the first of the Goods by the Customer - in the case of its regular delivery for a specified period of time.
  3. In order to exercise the right of withdrawal, the Customer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available in the Store). To keep the deadline
    to withdraw from the contract, it is enough for the customer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
  4. A sample content of the statement (form) on withdrawal from the Agreement can be found in the attachment to these regulations. The customer can use it, but does not have to. It is not mandatory.
  5. The Seller is obliged to immediately, not later than within 14 days of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments made by him, including the cost of delivery of the Goods, subject to section 9 and 11 of this paragraph.
  6. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of return, which does not involve any costs for him.
  7. The right to withdraw from a distance contract is not entitled to the Customer in the following cases:
    • for the provision of services for which the Customer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and acknowledged this ;
    • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawing from the contract;
    • in which the subject of the service is non-prefabricated goods, manufactured according to the Customer's specifications or serving to meet his individual needs;
    • in which the subject of the service is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    • in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery;
    • concluded by way of a public auction.
  8. The Seller may withhold the reimbursement until receipt of the Goods or until proof of its return is provided, depending on which event occurs first.
  9. If the Customer has chosen a method of delivering the Goods other than the cheapest possible method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
  10. The Customer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. The deadline is met if the Customer sends the returned Goods to the Seller's address before the expiry of the 14-day period.
  11. The Customer is obliged to cover the direct costs of returning the Goods for withdrawal from the Agreement (costs of returning the Goods to the Seller).
  12. The Customer is responsible for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functionality of the Goods.
  13. In the case of issuing a correcting invoice, the invoice will be issued by the Store at the time the money is returned to the Customer's account. The correcting invoice will be sent to the Customer by e-mail to the e-mail address provided when placing the Order, to which the Customer agrees. The customer will send back information about receiving the correcting invoice.
  14. The provisions of this paragraph apply to the Consumer and also apply to the Entrepreneur with consumer rights.

§12 REGULATIONS CONCERNING PROFESSIONAL ENTREPRENEURS

  1. The provisions of this paragraph apply to the Customers of the Store who are Professional Entrepreneurs, as defined in these regulations.
  2. In the case of the sale of Goods in trade between entrepreneurs pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Store's liability under the warranty.
  3. In the case of Customers who are Professional Entrepreneurs, the Seller may terminate the contract for the provision of electronic services consisting in maintaining the Customer's account with immediate effect and without giving reasons by sending the Customer an appropriate statement, also by electronic means to the e-mail address provided by him for registering the Account. This does not give rise to any claims against the Seller.
  4. The Seller has the right to withdraw from the contract concluded with the Customer who is a Professional Entrepreneur without giving a reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also by e-mail to the e-mail address provided by him for registering the Account. This does not give rise to any claims against the Seller.
  5. If the Goods are sent to the Customer via a carrier, the Customer who is a Professional Entrepreneur is obliged to examine the shipment in time and in the manner accepted for a given type of shipment. He should immediately take steps to determine the liability of the carrier. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Goods arising from its acceptance for transport until its release to the Entrepreneur and for delays in the transport of the shipment.
  6. In relation to Customers who are Professional Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in whole or in part, regardless of the payment method chosen by the Entrepreneur or the conclusion of the sales contract.
  7. The Seller's total liability towards the Customer who is a Professional Entrepreneur for non-performance or improper performance of the sales contract is limited to the amount of the price paid for the Goods and delivery costs under the sales contract and the placed Order, in the event of intentional damage. The Seller shall not be liable for lost profits in relation to the Professional Entrepreneur.
  8. Settlement of any disputes between the Seller and the Customer who is a Professional Entrepreneur is submitted to the court competent for the registered office of the Seller.

§13 REGULATIONS FOR ENTREPRENEURS WITH CONSUMER RIGHTS

  1. An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Store that are related to his business activity, but are not of a professional nature for him, resulting in particular from the subject of his business activity on the basis of the provisions on the Central Register and Information on Business Activity, in accordance with art. 3855, article 5564, art. 5565 and art. 5765 the Civil Code and Art. 7 aa of the Consumer Rights Act.
  2. The entrepreneur referred to in the first paragraph of this paragraph will be subject to the provisions of these regulations that apply to the Consumer, to the extent limited by art. 7aa of the Act on Consumer Rights and Art. 3855, art. 5564, art. 5565 and art. 5765 the Civil Code. In the remaining scope, the provisions of the Regulations regarding Professional Entrepreneurs apply. These are i.e.:
    • Withdrawal from a distance or off-premises contract,
    • Concluding contracts obliging to transfer the ownership of the goods to the Consumer,
    • Complaints and non-compliance of the item sold with the contract.
  3. An entrepreneur with consumer rights, accepting these Regulations during the purchasing process, and then using his rights listed in these paragraphs, should complete the appropriate complaint or withdrawal form, in particular data confirming the circumstances confirming its status in accordance with art. 7 aa of the Act on Consumer Rights or provide this information in another way.
  4. The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another way that the purchased Goods, and thus the concluded sales contract, are directly related to his business activity, but they are not of a professional nature for him, resulting, in particular, from the subject of business activity conducted on the basis of the provisions on the Central Register and Information on Economic Activity, which he does as proof that he meets the conditions to be considered as such an entrepreneur. The forms are annexes to these Regulations.

§14 INTELLECTUAL PROPERTY, LICENCE, COPYRIGHT

  1. Goods available in the Store, content, texts, logos, photos, company names, trademarks, logos of Goods, graphic design may constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights, they are subject to legal protection and are the property of intellectual property of the Seller and/or third parties who are their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.
  2. In the event of the intention to use the Goods or the above-mentioned elements in a manner inconsistent with the intended use and functionalities indicated in these Regulations, the Customer is obliged to obtain the Seller's written consent.
  3. The customer agrees to include his logotype in the list of the Seller's customers, thus granting him a non-exclusive, free, unlimited in time and territory license to use for the purposes of the Seller's business in the following fields of use: digital recording in computer memory and the Internet , multiplication by any technique, dissemination in the Store, on the Seller's website and in social media, public display so that everyone can have access to them in a place and time chosen by them (including on the Internet), as well as public display.
  4. In particular, it is prohibited, both with regard to the whole of the Goods and their parts, without the express consent of the Seller: 
    • sharing and presenting them to third parties, 
    • publishing regardless of the form of publication, except for publication allowed in the instructions or comments,
    • copying, duplication for purposes other than personal use. 
  5. The Customer undertakes to exercise due diligence so that the Goods, Digital Content or Digital Services (e.g. educational materials available on the training platform) are not disclosed to unauthorized/third parties. 
  6. The Seller hereby informs the Customer that any dissemination of any other content or Goods, Digital Content and Digital Services made available by the Seller constitutes a violation of the law and may give rise to civil or criminal liability. The Seller may also demand appropriate compensation for material or intangible losses in accordance with applicable regulations. 
  7. The Seller is entitled to periodically update the Goods, Digital Content or Digital Services in accordance with the provisions of the Regulations.  

§17 PERSONAL DATA AND COOKIES

According to Art. 13 sec. 1 and sec. 2 of the GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of May 10, 2018 on the protection of personal data, I inform that:

  1. The administrator of the Customer's personal data is Magdalena Walaszek, operating MAVA Loom Magdalena Walaszek, ul. Marchołta 51/34, 31-416 Kraków, NIP: 9452258109, REGON: 522403892, also referred to in the Regulations as the Seller or the Weaver. The administrator independently performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following data: e-mail: hello@mavaloom.com, via a message sent to the Facebook fanpage at www.facebook.com/mava.loom/  or in writing to the Administrator's address.
  2. The Customer's personal data provided in the forms in the Store or in messages will be processed on the basis of an agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Regulations, pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and/or perform the contract). It is necessary for the performance of this contract (execution of the order for the Goods) and customer service related to the concluded Contract.
  3. The Customer's personal data may also be processed for the following purposes and on the following legal grounds:
    • issuing an invoice and meeting other obligations arising from the provisions of the tax law - pursuant to art. 6 sec. 1 lit. c GDPR (obligation resulting from legal provisions);
    • execution of payment transactions via an electronic payment operator - pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and/or perform the contract);
    • consideration of complaints or claims - pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and/or perform the contract);
    • establishing, investigating or defending against claims - pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
    • telephone contact in matters related to the provision of the service - pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and/or perform the contract);
    • storage of unpaid orders - pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
    • creating registers and records related to the GDPR - pursuant to art. 6 sec. 1 lit. c) GDPR (obligation resulting from legal provisions) and art. 6 sec. 1 lit. f GDPR (legitimate interest of the administrator);
    • archival and evidence purposes, for the purpose of securing information that can be used to prove facts - pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
    • using cookies on the Store's website and subpages - pursuant to art. 6 sec. 1 lit. a) GDPR (consent);
    • for the purpose of direct marketing directed to the Customer - pursuant to art. 6 sec. 1 lit. f GDPR (legitimate interest of the administrator).
  4. Providing personal data is voluntary, but necessary for purposes related to the implementation of the Agreement and the implementation of the Administrator's legitimate interests. Failure to provide them will make the conclusion and implementation of the Agreement impossible.
  5. The Customer's personal data will be processed for the duration of the Agreement, as well as for the period of securing any claims in accordance with generally applicable laws. Then they will be deleted, unless he decides to use the Administrator's services and leaves them on a different basis and for the purpose indicated to him.
  6. The Customer's personal data will be made available to other data recipients, such as, for example, websites providing IT system maintenance and hosting services, e-mail service provider or payment system provider, law firm, subcontractors and contractors involved in the work of the Online Store, etc.
  7. Due to the fact that the Administrator uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and its subsidiaries) use GDPR compliance mechanisms (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest data protection and security, including by:  
    • cooperation with entities processing personal data in countries for which a relevant decision of the European Commission has been issued, 
    • the use of standard contractual clauses issued by the European Commission (as is the case, for example, with Google), 
    • application of binding corporate rules approved by the competent supervisory authority, 
    • or those for which the Customer has consented to the transfer of personal data.
  8. The customer has the right to access their data, correct it, rectify it, delete or limit processing, the right to object to the processing, the right to transfer data, the right to request access to data, as well as the right to lodge a complaint to the supervisory body - the President of the Office for Personal Data Protection of Personal Data, if he considers that the processing of his data is inconsistent with the currently applicable provisions of law in the field of data protection. He also has the right to be forgotten if further processing is not provided for by the currently applicable law.
  9. The customer also has the right to withdraw consent at any time if he has provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing of data which was made on the basis of consent before its withdrawal.
  10. Customer data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Customer.
  11. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  12. Detailed rules for collecting, processing and storing personal data used to fulfill orders through the Store, as well as the cookie policy are described in the Privacy Policy, which is available at: https://mavaloom.com/polityka-prywatnosci/.

§18 OUT OF JOURNAL METHODS OF SETTLEMENT OF DISPUTES
AND SEEKING CLAIMS

  1. The seller agrees to submit any disputes arising in connection
    with concluded contracts for the delivery of Goods through mediation proceedings. Details will be determined by the parties to the conflict.
  2. The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims. The consumer has the option of down:
    • apply to a permanent amicable consumer court with a request
      for resolving a dispute arising from the concluded Agreement,
    • apply to the voivodship inspector of the Trade Inspection with a request
      to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
    • free use of the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).
  3. More detailed information on out-of-court methods of dealing with complaints and redress can be found on the website http://www.uokik.gov.pl and at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations,
    whose statutory tasks include consumer protection or Voivodship Inspectorates of the Trade Inspection.
  4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising
    from an online sales contract or service contract.
  5. The case may be considered by the arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes are submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§19 OPINIONS - FUNCTIONING WITHIN THE STORE/ WEBSITE

  1. As part of the Store, opinions of the Store's customers and / or people who have used the Seller's services are presented.
  2. Opinions in the Store may appear in various places of the Store and on various subpages: in the description of the Good, in a special tab for leaving opinions under a given Good, in the "Reviews" tab or similar. They can also refer to external tools or websites presenting customer opinions, e.g. to the Google business card, to social media, including the Facebook fan page and the "Reviews/Opinions" tab, or to websites such as Opineo, Ceneo, etc. They can also be presented in various formats video, pdf, written opinion with the image and customer data of a given Good, with partially presented personal data or without any personal data.
  3. Each customer of the Store has the option of leaving an opinion about the purchased Goods and thus agrees to publish it within the Store and for the purposes specified by the seller.
  4. The Seller. The Seller makes every effort to ensure that the opinions presented in the Store and on the Store's subpages are reliable and come from people who are actual customers of the Store. For this purpose, it takes the reasonable and proportionate steps contained in these terms and conditions to verify that these opinions come from customers. Among other things: attempts to obtain consent to publish opinions for marketing purposes outside the Store, to disseminate selected or all opinions or check whether a given opinion comes from the Store's customer.
  5. The opinions presented as part of the Store are verified by the Seller in such a way that the Seller checks whether the opinion left by a given person comes from customers, if the data left by him allows it.
  6. If the opinion raises the Seller's doubts, it is not presented as part of the Store. The person who left an opinion that has not been published or has been removed by the Seller has the option of contacting the Seller to clarify the situation and determine the reasons.
  7. The Seller is not obliged to publish opinions in the Store and is entitled to remove them if, in his opinion, it is justified. It can also publish selected opinions.
  8. The seller does not use opinions bought, sponsored or obtained in a barter way. The Seller does not post or commission any other person to post untrue opinions or recommendations or distort opinions or recommendations in order to promote the Goods in the Store. 

§20 FINAL PROVISIONS

  1. Agreements concluded through the Online Store and the services provided are performed in Polish and based on the provisions of Polish law.
  2. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulations come into force on the day of publication on the Seller's online platform on the subpage: Regulations.
  3. For contracts concluded before the amendment to the Regulations, the version of the Regulations in force on the date of conclusion of the Agreement shall apply.
  4. In the event that any provision of these Regulations turns out to be inconsistent with the generally applicable provisions of law and infringing the interests of consumers, the Seller declares the application of the indicated provision.
  5. Settlement of any disputes between the Seller and the Customer who is a consumer within the meaning of art. 221 of the Civil Code, is submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on consumer rights, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on the protection of personal data and the General Regulation on the Protection of Personal Data (GDPR).

Link to privacy policy: https://mavaloom.com/polityka-prywatnosci/

Link to these Regulations: https://mavaloom.com/regulamin/

APPENDIX No. 1 - MODEL COMPLAINT FORM IN THE CASE OF A CONSUMER

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APPENDIX No. 2 - MODEL COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

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APPENDIX No. 3 - MODEL FORMS OF WITHDRAWAL FROM A CONTRACT IN THE CASE OF A CONSUMER

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APPENDIX No. 4 - MODEL FORMS OF WITHDRAWAL FROM A CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

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